United States v. Jose Avalos-Gutierrez

Case: 15-40842 Document: 00513383787 Page: 1 Date Filed: 02/17/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-40842 Conference Calendar United States Court of Appeals Fifth Circuit

FILED February 17, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

v.

JOSE HUMBERTO AVALOS-GUTIERREZ, also known as Jose GarzaRamirez,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-169-1

Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Jose Humberto AvalosGutierrez raises an argument that is foreclosed by United States v. MartinezLugo, 782 F.3d 198, 204-05 (5th Cir.), cert. denied, 136 S. Ct. 533 (2015). In Martinez-Lugo, 782 F.3d at 204-05, we held that an enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior felony conviction of a drug trafficking

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.  Case: 15-40842 Document: 00513383787 Page: 2 Date Filed: 02/17/2016

No. 15-40842

offense is warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial activity. Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.

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